R v Fabian Michael [2013] NSWSC 854

R v Fabian Michael [2013] NSWSC 854

The Court had jurisdiction to grant bail because a notice of intention to appeal meant an appeal was pending for statutory purposes, and the Applicant established special or exceptional circumstances under Bail Act 1978 s 30AA through the combination of serious cardiac risk requiring urgent treatment, stress-related major depressive disorder increasing medical risk, a well structured and compelling proposed conviction appeal, prior compliance with bail, strong family connections, substantial sureties, daily reporting, and the likelihood that a substantial part of the non-parole period would be served before the appeal was heard.

Jurisdiction
Australia
Judgment Date
26 June 2013
Procedural Posture
Criminal Bail Application / Notice of Intention to Appeal Against Conviction Filed; Appeal Not Yet Filed; Application for Bail Pending Appeal Before a Single Judge of the Supreme Court
Outcome
Conditional bail granted
Legal Topics
['bail Pending Appeal' 'special or Exceptional Circumstances' 'power of Single Judge to Grant Bail' 'notice of Intention to Appeal' 'medical and Psychological Conditions']
['criminal Law' 'bail' 'criminal Procedure'] ['bail Pending Appeal' 'special or Exceptional Circumstances' 'power of Single Judge to Grant Bail' 'notice of Intention to Appeal' 'medical and Psychological Conditions']

Case Brief

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Procedural Posture

Criminal Bail Application / Notice of Intention to Appeal Against Conviction Filed; Appeal Not Yet Filed; Application for Bail Pending Appeal Before a Single Judge of the Supreme Court

Legal Issues

  1. 1 ['Whether a single judge of the Supreme Court has power to grant bail after conviction where only a notice of intention to appeal has been filed and no appeal has yet been filed.' 'Whether the Applicant established special or exceptional circumstances under Bail Act 1978 s 30AA justifying bail pending appeal.' "Whether the Applicant's medical condition, psychological condition, proposed appeal, and likelihood of answering bail justified conditional bail."]

Ratio Decidendi

The Court had jurisdiction to grant bail because a notice of intention to appeal meant an appeal was pending for statutory purposes, and the Applicant established special or exceptional circumstances under Bail Act 1978 s 30AA through the combination of serious cardiac risk requiring urgent treatment, stress-related major depressive disorder increasing medical risk, a well structured and compelling proposed conviction appeal, prior compliance with bail, strong family connections, substantial sureties, daily reporting, and the likelihood that a substantial part of the non-parole period would be served before the appeal was heard.

Court Disposition

Conditional bail granted

Orders

  • ["The Applicant is granted bail pending the Applicant's appearance as directed by the Court of Criminal Appeal upon compliance with Bail Condition 9." 'The Applicant is to reside at [address not published].' 'The Applicant is not to leave the residence each day between the hours of 9.00pm and 6.00am except in the...